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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5084 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5084

To amend the Richard B. Russell National School Lunch Act to ban foods 
 with contaminants above safe levels in or on final products served in 
                 school meals, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2024

  Mr. Booker introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL

 
To amend the Richard B. Russell National School Lunch Act to ban foods 
 with contaminants above safe levels in or on final products served in 
                 school meals, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe School Meals Act of 2024''.

SEC. 2. REGULATIONS RELATING TO CERTAIN SUBSTANCES IN FINAL SCHOOL MEAL 
              PRODUCTS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Food and Drugs.
            (3) Final school meal product.--The term ``final school 
        meal product'' means a food in the form in which the food would 
        be consumed by students at schools participating in 1 or more 
        school meal programs under--
                    (A) the Richard B. Russell National School Lunch 
                Act (42 U.S.C. 1751 et seq.); or
                    (B) the Child Nutrition Act of 1966 (42 U.S.C. 1771 
                et seq.).
            (4) Heavy metal or toxic metalloid.--The term ``heavy metal 
        or toxic metalloid'' means--
                    (A) arsenic;
                    (B) cadmium;
                    (C) lead; and
                    (D) mercury.
            (5) Pesticide residue.--The term ``pesticide residue'' 
        means the total quantity of organophosphate, glyphosate, 
        paraquat, and such other pesticides as the Commissioner may 
        require, based on evidence of harm received by the Commissioner 
        that, after application to an agricultural product, remains in 
        or on the agricultural product.
            (6) PFAS.--The term ``PFAS'' means any member of the class 
        of fluorinated organic chemicals that contains at least 1 fully 
        fluorinated carbon atom.
    (b) Environmental Protection Agency.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, the level of pesticide residue found in 
        or on final school meal products shall be nondetectable when 
        using the most sensitive commercially available test.
            (2) Phase-in.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall promulgate a 
        final rule that establishes a schedule for decreasing the level 
        of pesticide residue found in or on final school meal products 
        to ensure the level described in paragraph (1) is achieved by 
        the date described in that paragraph.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Administrator such sums as are 
        necessary to carry out this subsection.
    (c) Food and Drug Administration.--
            (1) Heavy metals and toxic metalloids.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Commissioner shall 
                promulgate a final rule that establishes, for each 
                heavy metal and toxic metalloid, a maximum permissible 
                level found in or on final school meal products that 
                poses a reasonable certainty of no harm to school-age 
                children from aggregate exposure, including all 
                anticipated dietary exposures.
                    (B) Requirements.--
                            (i) Factors for consideration.--The rule 
                        under subparagraph (A) shall take into 
                        consideration the factors described in section 
                        409(c)(5) of the Federal Food, Drug, and 
                        Cosmetic Act (21 U.S.C. 348(c)(5)).
                            (ii) Implementation period.--The maximum 
                        permissible levels established under the rule 
                        under subparagraph (A) shall be implemented in 
                        phases during the 5-year period beginning on 
                        the date of promulgation of the rule.
                    (C) Absence of regulation.--If a maximum 
                permissible level is not established pursuant to 
                subparagraph (A) with respect to a heavy metal or toxic 
                metalloid by the date that is 2 years after the date of 
                enactment of this Act, the maximum permissible level 
                for that heavy metal or toxic metalloid shall be 
                nondetectable when using the most sensitive 
                commercially available test until a maximum permissible 
                level is established by the Commissioner in accordance 
                with this paragraph.
                    (D) Review.--Not less frequently than once every 5 
                years, the Commissioner shall--
                            (i) review relevant data; and
                            (ii) determine potential adjustments to the 
                        maximum permissible levels of heavy metals and 
                        toxic metalloids established under this 
                        paragraph.
            (2) Packaging.--The Commissioner shall prohibit the use of 
        PFAS, phthalates, lead, and bisphenols in product packaging of 
        final school meal products.
            (3) Certain food chemicals.--
                    (A) Reassessments.--Not later than 5 years after 
                the date of enactment of this Act, and not less 
                frequently than once every 5 years thereafter, the 
                Secretary of Health and Human Services, acting through 
                the Commissioner (referred to in this paragraph as the 
                ``Secretary''), shall--
                            (i) subject to subparagraphs (C) and (D), 
                        reassess the safety of not fewer than 10 food 
                        additives, substances generally recognized as 
                        safe, or classes of those substances found in 
                        or on final school meal products; and
                            (ii) promulgate final regulations that--
                                    (I) establish conditions of use for 
                                each substance determined to be safe 
                                (within the meaning of section 409 of 
                                the Federal Food, Drug, and Cosmetic 
                                Act (21 U.S.C. 348) and this 
                                paragraph); and
                                    (II) determine to be unsafe any 
                                substance that has been found, when 
                                ingested by humans or animals, to 
                                induce--
                                            (aa) reproductive, 
                                        developmental, or endocrine 
                                        toxicity; or
                                            (bb) cancer.
                    (B) Factors for consideration.--In determining, for 
                the purposes of this paragraph, whether a substance is 
                unsafe, the Secretary shall take into consideration, 
                among other relevant factors--
                            (i) the cumulative effects of the 
                        substance, and any chemically or biologically 
                        related substances, as described in section 409 
                        of the Federal Food, Drug, and Cosmetic Act (21 
                        U.S.C. 348); and
                            (ii) an adequately protective use of safety 
                        factors, as described in that section, to 
                        account for the particular sensitivities of 
                        vulnerable human populations, including 
                        children and adolescents.
                    (C) Substances initially subject to reassessment.--
                            (i) In general.--The substances initially 
                        reassessed by the Secretary under subparagraph 
                        (A) shall be the following:
                                    (I) Butylated hydroxyanisole.
                                    (II) Butylated hydroxytoluene.
                                    (III) Tert-butylhydroquinone.
                                    (IV) Sodium benzoate.
                                    (V) Propyl gallate.
                                    (VI) Titanium dioxide.
                                    (VII) FD&C Red 3.
                                    (VIII) FD&C Red 40.
                                    (IX) FD&C Yellow 5.
                                    (X) FD&C Yellow 6.
                                    (XI) FD&C Green 3.
                                    (XII) FD&C Blue 1.
                                    (XIII) FD&C Blue 2.
                                    (XIV) Azodicarbonamide.
                                    (XV) Potassium bromate.
                                    (XVI) Propyl paraben.
                            (ii) Status prior to reassessment.--Each 
                        substance described in clause (i) shall be 
                        considered to be unsafe, and use of the 
                        substance as a food additive or food ingredient 
                        in a final school meal product purchased after 
                        the date of enactment of this Act shall be 
                        prohibited, until the date on which the 
                        Secretary--
                                    (I) completes a reassessment of the 
                                substance under this paragraph; and
                                    (II) establishes that the substance 
                                is safe for purposes of section 409 of 
                                the Federal Food, Drug, and Cosmetic 
                                Act (21 U.S.C. 348) and this paragraph.
                    (D) Subsequent assessments.--
                            (i) In general.--After each substance 
                        described in subparagraph (C)(i) is reassessed 
                        in accordance with this paragraph, the 
                        Secretary shall publish in the Federal Register 
                        a notice requesting information and 
                        recommendations with respect to additional 
                        substances to be reassessed under this 
                        paragraph, including--
                                    (I) the substance name or class 
                                name;
                                    (II) uses of the substance; and
                                    (III) data relating to the actual 
                                and potential hazards and impact on 
                                public health of the substance.
                            (ii) Priority.--The Secretary shall 
                        prioritize the reassessment under this 
                        subparagraph of any substances contained in or 
                        on final school meal products that have been 
                        found--
                                    (I) to be associated with--
                                            (aa) cancer; or
                                            (bb) reproductive or 
                                        developmental toxicity; or
                                    (II) to present other potential 
                                hazards to public health.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary of Health and Human 
        Services and the Commissioner such sums as are necessary to 
        carry out this subsection.
    (d) Department of Agriculture.--
            (1) Assessment and increase.--
                    (A) In general.--As soon as practicable after the 
                effective date of the regulations promulgated pursuant 
                to subsections (b) and (c), and not less frequently 
                than once every 5 years thereafter, the Secretary of 
                Agriculture (referred to in this subsection as the 
                ``Secretary'') shall--
                            (i) assess the difference between--
                                    (I) the cost of carrying out the 
                                school meal programs under the Richard 
                                B. Russell National School Lunch Act 
                                (42 U.S.C. 1751 et seq.) and the Child 
                                Nutrition Act of 1966 (42 U.S.C. 1771 
                                et seq.) in accordance with those 
                                regulations; and
                                    (II) the cost of carrying out those 
                                school meal programs on the date of 
                                enactment of this Act; and
                            (ii) increase the amounts provided to 
                        schools participating in those school meal 
                        programs as the Secretary determines to be 
                        necessary to account for the difference 
                        described in clause (i).
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated to the Secretary such 
                sums as are necessary to carry out this paragraph.
            (2) Soil and water remediation methods.--
                    (A) In general.--The Secretary shall--
                            (i) partner with land-grant universities 
                        and nonprofit entities with relevant expertise 
                        to carry out research relating to soil and 
                        water remediation to remove heavy metals and 
                        toxic metalloids, PFAS, and other contaminants, 
                        including research on making remediation 
                        methods cheaper to implement and more 
                        effective;
                            (ii) distribute the results of the research 
                        carried out under clause (i) to farmers, with 
                        priority given to any farmer that--
                                    (I) submitted to the Secretary an 
                                application for certification as a 
                                clean supplier under subsection (c)(4) 
                                of section 29 of the Richard B. Russell 
                                National School Lunch Act (42 U.S.C. 
                                1769j) (as added by section 3(a)); but
                                    (II) did not receive that 
                                certification; and
                            (iii) conduct research relating to--
                                    (I) the presence of microplastics 
                                and PFAS in soil, water, and food; and
                                    (II) methods to remediate 
                                agricultural soil, water, and food from 
                                microplastics and PFAS.
                    (B) Authorization of appropriations.--There is 
                authorized to be appropriated to the Secretary 
                $500,000,000 to carry out this paragraph.

SEC. 3. TESTING AND CERTIFICATION OF FOODS, PRODUCERS, AND SUPPLIERS 
              USED FOR SCHOOL MEAL PROGRAMS.

    (a) In General.--Section 29 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1769j) is amended by adding at the end the 
following:
    ``(c) Food Contaminant Testing and Certification.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Certified organic farm.--The term `certified 
                organic farm' has the meaning given the term in section 
                2103 of the Organic Foods Production Act of 1990 (7 
                U.S.C. 6502).
                    ``(B) Heavy metal or toxic metalloid.--The term 
                `heavy metal or toxic metalloid' means--
                            ``(i) arsenic;
                            ``(ii) cadmium;
                            ``(iii) lead; and
                            ``(iv) mercury.
                    ``(C) Permissible level.--The term `permissible 
                level' means--
                            ``(i) with respect to a heavy metal or 
                        toxic metalloid, the maximum permissible level 
                        for the heavy metal or toxic metalloid under 
                        subsection (c)(1) of section 2 of the Safe 
                        School Meals Act of 2024; and
                            ``(ii) with respect to a pesticide residue, 
                        the applicable permissible level for the 
                        pesticide residue described in the schedule 
                        under subsection (b)(2) of that section.
                    ``(D) Pesticide residue.--The term `pesticide 
                residue' means the total quantity of organophosphate, 
                glyphosate, paraquat, and such other pesticides as the 
                Commissioner of Food and Drugs may require, based on 
                evidence of harm received by the Commissioner of Food 
                and Drugs that, after application to an agricultural 
                product, remains in or on the agricultural product.
                    ``(E) PFAS.--The term `PFAS' means any member of 
                the class of fluorinated organic chemicals that 
                contains at least 1 fully fluorinated carbon atom.
                    ``(F) School meal program.--The term `school meal 
                program' means any school meal program under--
                            ``(i) this Act; or
                            ``(ii) the Child Nutrition Act of 1966 (42 
                        U.S.C. 1771 et seq.).
            ``(2) Sampling and testing of foods used in school meal 
        programs.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this subsection, and not less 
                frequently than annually thereafter, the Secretary 
                shall conduct representative sampling and testing of 
                foods prepared to be purchased for, and consumed in, 
                each school meal program--
                            ``(i) to determine the levels of pesticide 
                        residue and heavy metals and toxic metalloids 
                        in or on those foods; and
                            ``(ii) to ensure PFAS, phthalates, lead, 
                        and bisphenols are not used in any packaging of 
                        those foods.
                    ``(B) Requirements.--The samples collected by the 
                Secretary pursuant to this paragraph shall be collected 
                from foods that are in their final state prior to 
                consumption.
                    ``(C) Report.--The Secretary shall make publicly 
                available a report that describes the results of the 
                sampling and testing conducted under this paragraph.
            ``(3) Clean supplier requirement.--Notwithstanding any 
        other provision of law, effective beginning on the date that is 
        5 years after the date of enactment of this subsection, for 
        purposes of the school meal programs--
                    ``(A) subject to paragraph (4)(F)(ii), no 
                agricultural producer or processed food supplier may 
                supply food to a school meal program unless the 
                producer or supplier--
                            ``(i) is certified as a clean supplier in 
                        accordance with paragraph (4) by--
                                    ``(I) the Secretary; or
                                    ``(II) a third party approved by 
                                the Secretary; or
                            ``(ii) self-certifies that the producer or 
                        supplier--
                                    ``(I) conducts testing and meets 
                                the other applicable requirements under 
                                paragraph (4) for certification as a 
                                clean supplier; and
                                    ``(II) submits to the Secretary 
                                those test results; and
                    ``(B) each school participating in a school meal 
                program shall procure food for the school meal program 
                only from an agricultural producer or processed food 
                supplier described in subparagraph (A).
            ``(4) Testing and certification of producers and 
        suppliers.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this subsection, the Secretary 
                shall, for purposes of this subsection--
                            ``(i) offer testing to agricultural 
                        producers and processed food suppliers who seek 
                        to be certified as clean suppliers;
                            ``(ii) provide for the certification of 
                        those producers and suppliers as clean 
                        suppliers in accordance with this paragraph; 
                        and
                            ``(iii) approve third parties to certify 
                        those producers and suppliers as clean 
                        suppliers in accordance with this paragraph.
                    ``(B) Office of technical assistance.--The 
                Secretary shall establish within the Department of 
                Agriculture an office, to be known as the `Office of 
                Technical Assistance', which shall provide information 
                and a point of contact (including availability via 
                telephone) for agricultural producers and processed 
                food suppliers to receive assistance with the testing 
                and certification processes under this paragraph.
                    ``(C) Application.--An agricultural producer or 
                processed food supplier seeking certification as a 
                clean supplier under this paragraph shall submit to the 
                Secretary or an approved third-party certifier an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                require.
                    ``(D) Certification as clean supplier.--
                            ``(i) In general.--An agricultural producer 
                        or processed food supplier shall be certified 
                        as a clean supplier for purposes of this 
                        subsection if annual testing, using validated, 
                        representative sampling and testing models, 
                        demonstrates that--
                                    ``(I) the heavy metals and toxic 
                                metalloids and pesticide residues in or 
                                on the food products sold by the 
                                agricultural producer or processed food 
                                supplier are within the permissible 
                                levels; and
                                    ``(II) the packaging of the food 
                                products sold by the agricultural 
                                producer or processed food supplier 
                                does not use any PFAS, phthalates, 
                                lead, or bisphenols.
                            ``(ii) Requirements and procedures.--
                        Subject to subparagraph (F), the Secretary may 
                        establish such requirements and procedures as 
                        the Secretary determines to be appropriate 
                        for--
                                    ``(I) testing the food products of 
                                agricultural producers and processed 
                                food suppliers under clause (i); and
                                    ``(II) certifying agricultural 
                                producers and processed food suppliers 
                                as clean suppliers for purposes of this 
                                subsection.
                    ``(E) Cost.--A small agricultural producer or small 
                processed food supplier, as determined by the 
                Secretary, shall not be responsible for any costs 
                relating to certification under this paragraph.
                    ``(F) Certification and treatment of certified 
                organic farms.--
                            ``(i) Certification.--A certified organic 
                        farm--
                                    ``(I) shall not be required to 
                                submit to testing under this paragraph 
                                with respect to pesticide residue; and
                                    ``(II) may be certified as a clean 
                                supplier for purposes of this 
                                subsection on--
                                            ``(aa) demonstration that--

                                                    ``(AA) the quantity 
                                                of heavy metals and 
                                                toxic metalloids in or 
                                                on the food products 
                                                sold by the certified 
                                                organic farm is within 
                                                permissible levels; and

                                                    ``(BB) the 
                                                packaging of the food 
                                                products sold by the 
                                                certified organic farm 
                                                does not use any PFAS, 
                                                phthalates, lead, or 
                                                bisphenols; and

                                            ``(bb) submission of an 
                                        application under subparagraph 
                                        (C).
                            ``(ii) Service pending certification.--
                                    ``(I) Definition of pending school 
                                year.--In this clause, the term 
                                `pending school year', with respect to 
                                a certified organic farm, means a 
                                school year during which the certified 
                                organic farm--
                                            ``(aa) failed to achieve 
                                        certification as a clean 
                                        supplier under clause (i)(II); 
                                        but
                                            ``(bb) has submitted, or 
                                        intends to submit, to the 
                                        Secretary an application under 
                                        subparagraph (C) for 
                                        certification as a clean 
                                        supplier under clause (i)(II) 
                                        for the following school year.
                                    ``(II) Treatment.--For purposes of 
                                paragraph (3), a certified organic farm 
                                may supply food to a school meal 
                                program for not more than 1 pending 
                                school year, if the certified organic 
                                farm supplied food to a school meal 
                                program during the preceding school 
                                year.
                                    ``(III) Limitation.--A certified 
                                organic farm the application described 
                                in subclause (I)(bb) of which is 
                                disapproved may not supply food to a 
                                school meal program during the period--
                                            ``(aa) beginning on the 
                                        first day of the first school 
                                        year beginning after the date 
                                        of disapproval; and
                                            ``(bb) ending on the date 
                                        on which an application of the 
                                        certified organic farm under 
                                        subparagraph (C) is approved.
            ``(5) Grant program.--
                    ``(A) Establishment.--The Secretary shall establish 
                a program under which the Secretary shall provide 
                grants to agricultural producers, processed food 
                suppliers, and schools--
                            ``(i) in the case of agricultural 
                        producers, to assist with reducing heavy metals 
                        and toxic metalloids and pesticide residues in 
                        food;
                            ``(ii) in the case of processed food 
                        suppliers, to assist with eliminating PFAS, 
                        phthalates, lead, or bisphenols from food 
                        packaging or other heavy metal or toxic 
                        metalloid contamination from the processing 
                        process;
                            ``(iii) in the case of schools, to 
                        purchase--
                                    ``(I) reusable or compostable food 
                                serving utensils (including trays) that 
                                do not contain or release unsafe 
                                substances during the full lifecycle; 
                                and
                                    ``(II) dishwashing equipment to 
                                support the use of such reusable food 
                                serving utensils; and
                            ``(iv) to carry out any other activity 
                        described in subparagraph (D), as applicable.
                    ``(B) Application.--To be eligible to receive a 
                grant under this paragraph, an agricultural producer or 
                processed food supplier shall submit to the Secretary 
                an application at such time, in such manner, and 
                containing such information as the Secretary may 
                require.
                    ``(C) Automatic eligibility.--On submission of an 
                application under subparagraph (B), an agricultural 
                producer shall be automatically eligible to receive a 
                grant under this paragraph if--
                            ``(i)(I) the agricultural producer is a 
                        certified organic farm; or
                            ``(II) the food products of the 
                        agricultural producer are within permissible 
                        levels for pesticide residues; but
                            ``(ii) the food products of the 
                        agricultural producer are not within 
                        permissible levels for heavy metals or toxic 
                        metalloids.
                    ``(D) Use of grants.--
                            ``(i) Agricultural producers.--An 
                        agricultural producer may use a grant provided 
                        under this paragraph for--
                                    ``(I) soil remediation;
                                    ``(II) elevation of beds;
                                    ``(III) water quality or soil 
                                testing;
                                    ``(IV) a project--
                                            ``(aa) to reduce or 
                                        eliminate pesticide drift or 
                                        other contamination sources 
                                        from neighboring land; or
                                            ``(bb) to filter or 
                                        eliminate contaminants from a 
                                        water source; and
                                    ``(V) any other project that the 
                                Secretary determines will sustainably 
                                reduce or remove the risk of heavy 
                                metals and toxic metalloids or PFAS, 
                                phthalate, lead, or bisphenol 
                                contamination in the food products of 
                                the agricultural producer.
                            ``(ii) Manufacturers.--A processed food 
                        supplier may use a grant provided under this 
                        paragraph to change their manufacturing and 
                        processing equipment--
                                    ``(I) to switch to PFAS-, 
                                phthalate-, lead-, and bisphenol-free 
                                packaging; or
                                    ``(II) to otherwise eliminate heavy 
                                metal or toxic metalloid contamination 
                                from the processing of the processed 
                                food supplier.
                            ``(iii) Schools.--A school may use a grant 
                        provided under this paragraph to purchase--
                                    ``(I) reusable or compostable food 
                                serving utensils (including trays) that 
                                do not release unsafe substances during 
                                the full lifecycle for use in lieu of 
                                utensils or trays that are not reusable 
                                or compostable, or that release unsafe 
                                substances; and
                                    ``(II) dishwashing equipment to 
                                support the use of such reusable food 
                                serving utensils.
                    ``(E) Funding.--Of the funds of the Commodity 
                Credit Corporation, the Secretary shall use such sums 
                as are necessary to carry out the grant program under 
                this paragraph.
            ``(6) Enforcement and compliance.--
                    ``(A) Identification.--If, pursuant to testing 
                under paragraph (2), the Secretary determines that a 
                food used in a school meal program contains a quantity 
                of heavy metal or toxic metalloid, or pesticide 
                residue, that is not within the permissible levels, or 
                is packaged in packaging that uses PFAS, phthalates, 
                lead, or bisphenols, the Secretary shall identify the 
                agricultural producer or processed food supplier from 
                which the contamination originated.
                    ``(B) Penalty.--
                            ``(i) Certified clean suppliers.--If an 
                        agricultural producer or processed food 
                        supplier identified under subparagraph (A) is 
                        certified as a clean supplier for purposes of 
                        this subsection--
                                    ``(I) the producer or supplier 
                                shall be subject to a fine in such 
                                amount as the Secretary may establish; 
                                and
                                    ``(II) for the 3 school-year period 
                                beginning on the date of 
                                identification--
                                            ``(aa) the certification of 
                                        the producer or supplier under 
                                        paragraph (4) shall be revoked; 
                                        and
                                            ``(bb) the producer or 
                                        supplier shall be prohibited 
                                        from supplying any food for use 
                                        in a school meal program.
                            ``(ii) Third-party certifiers.--If an 
                        agricultural producer or processed food 
                        supplier identified under subparagraph (A) was 
                        certified as a clean supplier for purposes of 
                        this subsection by a third party approved by 
                        the Secretary under paragraph (4)(A)(iii)--
                                    ``(I) the producer or supplier 
                                shall be subject to the fine and other 
                                penalties described in clause (i); and
                                    ``(II) as the Secretary determines 
                                to be appropriate--
                                            ``(aa) the certifying third 
                                        party shall be subject to a 
                                        fine in such amount as the 
                                        Secretary may establish; and
                                            ``(bb) the approval of the 
                                        third party to certify clean 
                                        suppliers for purposes of this 
                                        subsection may be revoked.
                            ``(iii) Self-certified producers and 
                        suppliers.--If an agricultural producer or 
                        processed food supplier identified under 
                        subparagraph (A) is self-certified as described 
                        in paragraph (3)(A)(ii), the producer or 
                        supplier shall be--
                                    ``(I) subject to a fine in such 
                                amount as the Secretary may establish; 
                                and
                                    ``(II) prohibited from supplying 
                                any food for use in a school meal 
                                program during the 3 school-year period 
                                beginning on the date of 
                                identification.
            ``(7) Coordination required.--In conducting any testing or 
        certification activity under this subsection, the Secretary 
        shall ensure coordination, to the maximum extent practicable, 
        with similar activities carried out by the Secretary of Health 
        and Human Services under--
                    ``(A) the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 301 et seq.); or
                    ``(B) the FDA Food Safety Modernization Act (Public 
                Law 111-353; 124 Stat. 3885) (including the amendments 
                made by that Act).
            ``(8) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary such sums as are 
        necessary to carry out this subsection, other than paragraph 
        (5).''.
    (b) National Organic Certification Cost-share Program.--Section 
10606 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
6523) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``not more than 
                75'' and inserting ``up to 100''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Maximum amount.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                maximum amount of a payment made to a producer or 
                handler under this section shall be $3,000.
                    ``(B) Adjustment.--Not later than October 1, 2029, 
                and every 5 years thereafter, the Secretary shall 
                adjust the maximum amount described in subparagraph (A) 
                to reflect changes in the Consumer Price Index for All 
                Urban Consumers published by the Bureau of Labor 
                Statistics of the Department of Labor for the preceding 
                5 fiscal-year period.'';
            (2) in subsection (c)--
                    (A) by striking ``program during'' and inserting 
                ``program under this section during''; and
                    (B) by striking ``fiscal year,'' and inserting 
                ``fiscal years,''; and
            (3) by striking subsection (d) and inserting the following:
    ``(d) Mandatory Funding.--Of the funds of the Commodity Credit 
Corporation, the Secretary shall use such sums as are necessary to 
carry out this section, to remain available until expended.''.
                                 <all>
```